Case details

Plaintiff claimed rear-ender caused ongoing spinal pain

SUMMARY

$35740

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, herniated disc
FACTS
At approximately 9 a.m. on Feb. 18, 2010, plaintiff Myoung Park, a business owner in her 40s, stopped her van for a red light on Bollinger Canyon Road, at the intersection of Monarch Road in Contra Costa, when she was rear-ended by a sport utility vehicle operated by Christina Munoz. Park claimed to her neck and back. Park sued Munoz and the owner of the vehicle, Colette Riel. She alleged that Munoz, Riel’s au pair, was negligent in the operation of the SUV and that Riel was vicariously liable for her actions. Park also sued Riel’s company, Diablo Kid Chauffeur, but later dropped the company from the case. Park claimed that Munoz was inattentive as she approached the intersection, causing the rear-end collision. The defendants admitted liability, and the matter proceeded to trial on causation and damages., Park went to KaiserPermanente on the date of the accident with complaints of neck and back pain. She was subsequently diagnosed with soft-tissue of the cervical and lumbar spine, and proceeded to treat the conservatively. Park treated with nine different health care providers, including four chiropractors, one acupuncturist, and an orthopedist who diagnosed a disc herniation at L4-5. Park claimed that she was temporarily disabled for three weeks after the accident, which required her husband to assist in household services. She also claimed residual pain and discomfort, but no permanent restrictions. However, she alleged that she continues to treat with ongoing conservative treatment. Thus, Park claimed roughly $20,000 in damages for past medical costs, $3,500 in damages for future medical costs, $1,500 in damages for past loss of household services, and $75,000 in damages for her past and future pain and suffering. Defense counsel argued that Park’s damages should only be limited to the first 12 weeks following the accident, since the plaintiff should have been fully healed after that time. Counsel also argued that the plaintiff’s treating orthopedist hyper-inflated the costs and admitted that he did not expect to be paid on the lien. In addition, defense counsel contended that Park’s economic damages were worth $4,500, at most.
COURT
Superior Court of Alameda County, Oakland, CA

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